Full Judgment
1. We asked for the records of the learned court below in connection with this case which is sent in a sealed cover. The same is opened in court today.
2. Mr. Banerjee has already canvassed in his prayer for bail when we were constrained to bring the LCR from the learned court below. It has been urged by Mr. Banerjee while urging the prayer for bail that the chargesheet was not submitted in accordance with the provisions of law. According to him, Section 173(5) demands that a chargesheet when submitted, must bear all the documents, namely, all documents or relative extracts on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation and the statements recorded under Section 161, of all the persons whom the prosecution proposes to examine as witnesses. This is curious to find from the perusal of the chargesheet filed in the learned court below that not a single statement of witness has been appended to the chargesheet nor the same was filed along with the chargesheet in the learned court below suggesting thereby that there is no submission of chargesheet in the eye of law. It is a lame chargesheet and the time stipulated for filing the same is incurable.
3. Mr. Maitra has urged another point that the Investigating agency is within its power and reach to file a supplementary chargesheet, but we are unable to persuade ourselves to agree to such submission as prayer has to be made before the learned Magistrate or the court in seisin thereof to file the supplementary chargesheet. The submission of Mr. Maitra, in the context, becomes casual which has no legal foundation. It is admitted on all hands that the accused person is in custody for more than 90 days and since there was no submission of chargesheet on due compliance of law, the accused person is entitled on statutory bail. Accordingly, the accused person be admitted to bail for a sum of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount, one of whom must be local, having substantial means of immovable properties within the jurisdiction, to the satisfaction of the special Judge, (NDPS Act), Alipore, South 24-Parganas, on condition that while on bail, he shall report to the concerned Police Station thrice a week and shall not leave the jurisdiction of the Police Station, without permission, except for attending court proceedings.
4. It will never be interpreted by our order that we have said anything about the submission of the supplementary chargesheet which remains within the domain of the Magistrate. He is to act in accordance with law. He also permitted to take his own decision independent of the order passed by ourselves relating to supplementary chargesheet. The records of the court below be transmitted forthwith, in a sealed cover, by a special messenger by the learned Registrar, appellate side to the concerned court. He is also to send a copy of the order sheet to the DC (Narcotic) Lalbazar.
5. It appears on perusal of the record that serious lapses have been committed by the Investigating Officer while submitting the chargesheet, although substantial materials were collected in respect of the case. The lapses committed by the Investigating Officer in completing the chargesheet may result in acquittal of the accused person. In the circumstances, for the ends of justice, we direct the Deputy Commissioner, (Narcotic) to start immediately, an enquires against those persons who are responsible for committing serious lapses and to take disciplinary action in accordance with law.
6. Let plain copies of this order, countersigned by the Assistant Registrar (court), be made available to the learned advocates for the parties. The learned court below is to act upon it, if produced by any party.